Bankruptcy Judge Sidesteps State Prohibition Against Ponzi Scheme Presumptions
Judge resuscitates Petters suits to recover fictitious profits paid in a Ponzi scheme.
Court:
Substantive Consolidation Does Not Supply Actual Creditor for 544(b) Suit
Petters bankruptcy spawns another monumental Ponzi scheme opinion.
Court:
Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
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Supreme Court: Misrepresentation Not Required for “Actual Fraud” Nondischargeability
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Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
Court:
Fraudulent Transfer Litigation
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
Court:
Madoff Trustee Nearing His First Judgment after Seven Years of Litigation
Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.
Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern
Posner chides bankruptcy judge for reluctance to enter money judgment.
Court:
Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability
The right paper trail helps avoid liability for profiting from a Ponzi scheme.